Data Exclusivity Patent

Worrying Developments in Indo-US IP negotiations – Data Exclusivity and Patent Linkages


War is peace

In a deeply worrying development, Senior Advocate and former UN Special Rapporteur Anand Grover reports in an email alert that “From inside sources it appears that PM Modi is very keen to assure the US President Barack Obama and US multinational companies (MNCs) that India will agree to the changes proposed by them. Inside sources also reveal that two issues likely to be worked upon are Data Exclusivity[1] and Patent Linkage[2].” We have covered the recent developments in the Indo-US…


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Others Publication

Call For Papers: IJIPL 2014-2015


The Indian Journal of Intellectual Property Law is now accepting submissions for its 2014-15 edition. Details are as below: Call for Papers Vol. VII, 2014-2015 The Indian Journal of Intellectual Property Law is India’s first student run journal that is wholly devoted to intellectual property law. Published annually, it is an endeavour of NALSAR University of Law, Hyderabad in collaboration with the N.C. Banerjee Centre for Intellectual Property Law to address contemporary issues that engulf the arena of intellectual property…


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Others

Enrol in the Joint Academy on International Trade Law and Policy: Call for applications


The World Trade Institute of the University of Bern, Switzerland and the Centre for WTO Studies, Indian Institute of Foreign Trade, India are launching the 2nd WTI – CWS Joint Academy on International Trade Law and Policy (“Joint Academy”), from May 25 – June 19, 2015 at New Delhi. Students will be taught by distinguished academics and practitioners from India and abroad, and the Joint Academy aims to equip participants with theoretical and practical insights into various issues relating to…


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Others

A Warm Welcome to our new SpicyIP Fellows for 2015-2016!


spicyIP_logo_highres copy

We’re very happy to announce the results of the third edition of our SpicyIP Fellowship programme for the year 2015-2016! From over 40 submissions in the last few weeks, 22 were selected for publication on the blog. The criteria for selection included topic choice, research, analysis, clarity and language skills. The year long Fellowship begins on February 1st, 2015 and runs on till January 31st, 2016. The competition was stiff, with six candidates making it to our finalists list. After due consideration, we’re happy to…


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Others

SpicyIP Weekly Reviews (12th to 18th January & 19th to 25th January, 2015)


spicyip weekly review

SpicyIP Highlight of the Week! The SpicyIP Highlight of the Week was the breaking news on SpicyIP where Swaraj reported that the Patent Office has rejected Gilead’s attempt to patent Hepatitis C drug, ‘sofosbuvir’ (brand name: Sovaldi). Swaraj analysed the Patent Office’s order rejecting the patent and concluded that the reasons for rejecting the application were questionable. He then followed it up with a post reporting that Gilead would be appealing the order because of the questionable stand taken by…


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Copyright Innovation Others Patent

Obama vs MSF, Oxfam, the Aam Aadmi and others, India’s IP Policy Reports (2015)


In what will surely set off alarm bells in various quarters of India, PM Modi recently announced that he was more than happy to accept the “suggestions” of the Joint High level Working Group (Working Group) on IP between the US and India. He made this announcement at the India-US CEO Forum last evening. Unfortunately, none of us have any clue about what these “suggestions” are! A little more transparency would have been helpful. Given the stakes involved, the Modi…


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Copyright Others

Guest Post: Garcia v. Google: Opening a Can of Worms?


In her third post for our SpicyIP Fellowship applicant series, Arundathi Venkataraman, brings us her analysis of the now (in)famous Garcia v. Google case, looking at how it might’ve been dealt with in the Indian context, looking into ‘consent’ and moral rights of a performer. Arundathi is a 4th year student at NLU-Jodhpur. Her previous posts for the Fellowship have included “GI for Yoga? (De)Merits and Consequences” and “Are Copyrights in Logos considered Trademarks for the Purpose of Taxation?” [The deadline for…


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Copyright Others

Guest Post: WIPO Broadcast Treaty- An Unnecessary Evil?


Atharva Sontakke brings us his 3rd entry to our SpicyIP Fellowship applicant series with this post looking into the WIPO Broadcasting Treaty – and whether signing such a treaty would make sense for India or not. Readers interested in the topic may also want to take a look at the Centre for Internet and Society’s comments to the HRD ministry on the WIPO Broadcasting treaty – available here. Atharva is a 3rd year student at GNLU. His previous submissions include “Cricket,…


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Others Overlaps in IP Privacy

Guest Post: ‘Ownership’ of Social Media Contacts


Socmed_-_Flickr_-_USDAgov

Atharva Sontakke brings us his 2nd post in our SpicyIP Fellowship applicant series with this post looking into the oft neglected area of Trade Secret law, and how it interacts with the ‘ownership’ of social media contacts. Atharva is a 3rd year student at GNLU. His first post is available here: Cricket, Death and a Trademark! [The deadline for submission of entries for our Fellowship application has now passed. We shall be going over the submissions received thus far and will announce…


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Patent

Dodgy IP Dogma


dogmatic

“Because I’ve got to have faith …faith …faith” So sang George Michael almost a generation ago. It would appear that a number of IP stakeholders are thumping to this very beat, casting their lot with dogmatic IP assertions, and refusing to consider any fact based empiricism. Sad really! I’ve been harping on the need to move away from “faith based” to “fact based” IP for as long as I can remember. But, in this rhetorical IP war, where blindfolds have been…


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